| THE PEOPLE V MARK K. MCDERMOTT |
| Motion No: KA 08-02645 |
| Slip Opinion No: 2009 NYSlipOp 65437(U) |
| Decided on January 21, 2009 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
KA 08-02645
Inmate # 03-A-0911 AUBURN CORRECTIONAL FACILITY
SCI No: 2002-118
| THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MARK K.
MCDERMOTT, DEFENDANT-APPELLANT. |
An application having been made for an order granting leave to prosecute an appeal from a judgment of the Herkimer County Court, rendered November 18, 2008, as a poor person, and for other relief,
It is hereby ORDERED that said application be and the same hereby is granted to the extent that the appeal herein may be prosecuted upon one record as defined by 22 NYCRR 1000.3 (c) (1) and ten copies of the appellant's brief, reproduced in accordance with 22 NYCRR 1000.4 (f), and
JOHN A. HERBOWY, ESQ.
PO BOX 937
ROME NY 13442-0937
is hereby assigned as counsel to conduct the appeal; and
It is further ORDERED that said record and briefs are to be filed and served within 120 days of the filing of the transcripts with the Herkimer County Clerk's Office; and
It is further ORDERED that the Clerk of Herkimer County is hereby directed to provide JOHN A. HERBOWY, ESQ. with copies of all papers and transcripts of stenographic or audiotaped minutes, if any, of the proceedings upon which the appeal is based.
Entered: January 21, 2009
JoAnn M. Wahl, Clerk